Parmal Singh S/o. Asharam Kateria (Rajput) v. State of M. P.
2010-08-05
ANIL SHARMA
body2010
DigiLaw.ai
ORDER Anil Sharma, J. 1. Shri Rajiv Sharma, Advocate for the Petitioners. Shri D.S. Chauhan, P.L. for the Respondent/State. Heard on the question of admission. Petition is admitted for final hearing. 2. With the consent of learned Counsel for the parties matter is heard finally. 3. Petitioners before this Court have filed the present petition under Sections 397/401 of Code of Criminal Procedure, challenging the order dated 24-2-2010 passed by learned Sessions Judge, Vidisha in S.T. No. 28/10 whereby the charge for commission of offence punishable under Section 306 of Indian Penal Code has been framed against the Petitioners. 4. According to challan filed by the Petitioners, Smt. Ramshree Bai has committed suicide by hanging herself in a house in mid night of 28/29th of October, 2009. From perusal of statements of material witnesses of the case, it is revealed that the Petitioner/accused (Mahesh) has levelled the allegation on the deceased that she has illicit relation with one Kallu Kataria. After listening such allegation, the deceased Ramshree Bai reached at the house of Mahesh (Petitioner herein) on 28-10-2009 at about 7 AM, where the accused persons abused her. From perusal of statements of witnesses, it seems that the witnesses have assumed that the deceased Ramshree Bai has committed suicide because of levelling allegation of having illicit relationship with Mahesh made by Mahesh himself. 5. Learned Counsel for the Petitioners has placed reliance on the decision of this Court passed in the case of Chater Bai and Anr. v. State of M. P., in Criminal Revision No. 361/09 on 9-2-2010 [since reported in 2010(1) MPLJ 690, whereby the charge for commission of offence punishable under Section 306 of Indian Penal Code on the basis of suicide committed by the deceased has been quashed as the deceased was told by the Petitioners that not to come to their house because she was found engaged with one Daulat. 6. Learned Counsel for the Petitioners further cited the judgment passed in the case of Swamy Prahaladdaas v. State of M.P. and Anr. 1995 SCC 943, in which it has been alleged that a married woman had two paramours, one was the deceased and other is the Appellant. It is alleged that the Appellant told the deceased to go and die. Thereafter, deceased went to his home in a dejected mood, where after he committed suicide.
1995 SCC 943, in which it has been alleged that a married woman had two paramours, one was the deceased and other is the Appellant. It is alleged that the Appellant told the deceased to go and die. Thereafter, deceased went to his home in a dejected mood, where after he committed suicide. It is held that the offence under Section 306 of Indian Penal Code is not made out. The Appellant need not face the charge. 7. On similar point, learned Counsel for the Petitioners has cited the judgment of Apex Court passed in the case of Sanju alias Sanjay Singh Sengar v. State of M. P., AIR 2002 SC 1998 , wherein the charge under Section 306 of Indian Penal Code against the accused has been quashed because ingredients of abetment were totally absent in the case. Here, in the present case, even after assuming that witnesses have given true version, it is clear that the deceased has committed suicide in dejected mood due to levelling the allegation of illicit relationship with Petitioner (Mahesh) told by him and by some other persons and when she went to the house of Petitioner (Mahesh) to confirm the version of said illicit relationship, the Petitioners abused her. Thereafter, the deceased has committed suicide after more than 15 hours from the quarrel which had taken place between the Petitioners and deceased. Therefore, the act of Petitioners does not fall within the ambit and scope of abetment as defined under Section 306 of Indian Penal Code. 8. Considering the above citations and submissions of learned Counsel for the parties, no prima facie case of framing of charge for commission of offence punishable under Section 306 of Indian Penal Code is made out. Therefore, the order dated 24-2-2010 passed by learned Sessions Judge, Vidisha whereby the charge for commission of offence punishable under Section 306 of Indian Penal Code has been framed, is hereby quashed. Petitioner is discharged from the charge of said offence. 9. Resultantly, the petition filed by the Petitioner is hereby allowed accordingly.